Uuggh! Reading a big thick law book. Suddenly I knew why law students always looked so beat and tired. I didn't know how I was going to find anything in the monstroserous tome in front of me, and then my eyes caught sight of a small pocket sized book titled, Negotiable Instruments and Check Collection . It was a heaven sent guide for laymen. And plain as day, it listed the nine criteria for a negotiable instrument. I flipped it open and as if by magic, I found myself staring at a page that read, "The Nine Criteria for a Negotiable Instrument." I dove in reading with ferocious intensity.
The first eight criteria went my way. Things like, must have a signature, a date, the words "pay to," - all the things you expect to see on a check. The check I deposited had all the right features however it also carried the words "non-negotiable" in the top right hand corner. Hopefully the ninth point would address this. It said, "The ninth issue is whether people can create an instrument that matches the first eight criteria, and then avoid negotiability by declaring on the instrument that it is not negotiable."
I took a deep breath. The roulette wheel was spinning to a stop, giving me a fifty-fifty chance at a hundred grand. I began reading the next sentence slower than any sentence I've read in my life, my finger uncovering one word at a time. "No, give me the word no," I said to myself.
"The... answer... is... ...yes."
Wham. Ugh. Game over.
Any fantasies I had about the $95,000 dollars fizzled. But then, I moved my finger a micro-inch further, and saw a comma. "The answer is yes, except on a check." It went on:
"A declaration on a check that it is not negotiable is ineffective.? The meaning of this sunk in quickly - I was the luckiest S.O.B. alive. The get-rich-quick company had accidentally designed a real check - and I had deposited it!